SZODM v Minister for Immigration and Citizenship [2010] FCA 885

Because the Federal Magistrate's judgment refused to make an order under s 477(2) of the Migration Act 1958 (Cth), s 476A(3)(a) barred an appeal to the Federal Court, making the appeal incompetent and requiring dismissal.

Jurisdiction: Australia
Judgment Date: 29 June 2010
Procedural Posture: Migration Appeal From the Federal Magistrates Court of Australia / Appeal Against Refusal of Extension of Time; Objection to Competency
Outcome: Appeal dismissed as incompetent; appellant ordered to pay the first respondent's costs fixed at $975.
Legal Topics: ['protection Visa' 'refugee Review Tribunal Decision' 'extension of Time' 'jurisdiction and Competency of Appeal' 'costs']

['migration Law' 'administrative Law' 'federal Appellate Procedure'] ['protection Visa' 'refugee Review Tribunal Decision' 'extension of Time' 'jurisdiction and Competency of Appeal' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Appeal Against Refusal of Extension of Time; Objection to Competency

Legal Issues

1 ['Whether an appeal could be brought to the Federal Court from a Federal Magistrates Court judgment refusing to make an order under s 477(2) of the Migration Act 1958 (Cth).' "Whether the first respondent should receive costs despite the appellant's impecuniosity."]

Ratio Decidendi

Court Disposition

Appeal dismissed as incompetent; appellant ordered to pay the first respondent's costs fixed at $975.

Orders

['The appeal is dismissed.' "The appellant pay the first respondent's costs fixed in the sum of $975."]